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Petroleum-Gas University of Ploiesti Journal of Law and Administrative Sciences No. 4/2015 Shaping the identity nemanjic states Interpretation of Byzantine ecclesiatical rights Professor Zoran JEROTIJEVIć, PhD. Faculty of Business and Industrial Management, University Union,, Nikola Tesla " Belgrade [email protected]. Vukadin ŠLJUKIć, PhD. Archives of Serbia, Belgrade, Serbia [email protected] Abstract: Understanding Church-state relations in Serbia as an idea carried over from the Byzantine understanding of the doctrine of the relationship between the secular and ecclesiastical authorities. While the ruler carrier secular power, spiritual patriarch, the nation's indivisible and belongs to the state and the church, so that the question of relations between church and state resolved uniquely. On that basis set and relationship harmony and mutuality of church and state, as in Byzantium, and later in Serbia. Archimandrite Sava using Studenica typicon - the first constitution of the Serbian Church - managed in the best way to highlight all that contain terms: church autonomy, self statehood, independence, identity. Keywords: state, church, Serbia, Byzantine, Studenica typicon. INTRODUCTION St. Sava was fully aware that there is no national unity without unity of faith. The cultural development of all nations can be observed twofold elements: autochthonous, which are the result of internal development and long time transplanted elements which represent a more advanced culture, which diffusionist process of intra-social exchange "grafted" to the traditional. The degree of reception of this civilizational element depends on the progress of the cultural identity of a people. The right one side of popular culture and as culture is exposed to various influences, so it is right, depending on various factors, such as: • the church - to receive Christianity, and the state - that is its origin. From the moment of acceptance of Christianity, slavdom decays into two major groups: the western - Catholic and Eastern - the Orthodox. West is subordinated to cultural ideas of the West, the eastern group of Slovenian culture is being assimilated East. To the west is accepted Roman-Germanic culture, and on the east Roman- greek. Community in the West broke up into several classes, which are significantly different 41 Journal of Law and Administrative Sciences No. 4/2015 from one another, had their interests and managed by its decoration. Roman individualism led to the fact that the Romans quickly due to large freedoms guaranteed to man. Hybridization Germanic conceptions of collectivism from a purely Roman individualism leads to half roman-half barbarian understanding of the community in the form of feudalism, which in Western Europe until the new century dominated the entire public life. Under the influence of these two different principles, we find mutations in the understanding of social organization in Rome, enjoyed all the rights and freedoms of individuals and in the feudal West European country - privileged estates. It had a different form refers to European East. Byzantium culture of newcomer nations (Slovene) assimilated, not subvert it was done on the second part of the old continent. That is why the social relations are different. East was unaware of the sharp class differences; he was representing a whole that is not permeated with the spirit ESTATES has already tied a ruling by faith. Stocks were not separate entities but parts of general community, underling the highest authorities in the country - ruling, which apart from the secular, she wore a religious character. In the east there is a mutation Byzantine interpretation of a state which is characterized by the idea of a symphony. Thus the Slovenian collectivism hybridization Roman-Byzantine individualism with a lot of Christian influence produced specifically experiencing a symphony in all countries whose cultural matrix was Byzantine. This resulted in a completely different attitude of the masses of these countries to the priest-ruler "caste". On the basis of the spirituality of St. Sava, which is in no way separated from Byzantine Orthodoxy, which is adapted to the character of the Sava Serbian state and people, it's real unity of the state, the church and the nation. This close link contributed is much to be in Serbia faith developed as a major driving force of folk being. It happened something unusual, something that is basically a nearest real Christianity, and yet so rarely; in us, the church became a nation, a nation Church, the national- political sense.. Saint Sava through nationally organized church did its people worthy member of the universal Christ family. For Orthodox Serbian church has remained a characteristic that has not only survived Serbian medieval state, but received its national idea and to keep her awake until the resurrection of a new Serbian state in the early nineteenth century. What you should know and those who, recognizing the 42 Journal of Law and Administrative Sciences No. 4/2015 interweaving of Serbian Orthodoxy and Serbian nationality, insisting on the pagan elements of the Serbian faith, thinking that this way denationalization Serbs, not realizing that it is paving the way chauvinism. There is no greater obstacle to national chauvinism of Christian Orthodoxy, that is nationalism St. "Our nationalism - will tell Nikolai Velimirovic - consecrated St. Sava, and acquitted him of chauvinism" [1]. Today, in civil countries emerged under the echoes of the bourgeois revolutions of ideas, there is a separation of church and state, but the Church in all Orthodox countries which received Christianity from Byzantium, has the role of some patrons and patriarchs and clergy in many ways represent the kind of authority that has a strong spiritual influence in society, as opposed to political or economic. BYZANTINE JOURNALS CHURCH AND CIVIL RIGHTS Roman law in the empire passed through many mutations, and Canon Law is regulate important areas of secular law, particularly in the area of family and inheritance of criminal law, thereby becoming nomokanon in Byzantium, which represents the collection of ecclesiastical and civil rights. Nomos is Greek law in general and canon means rule that sets the church in the field of religion, morality, discipline, life and ministry of the church in totality. In literature we find data that is the first collection of the canon emerged after the First Ecumenical Council [2] (in Nicaea) 325th when the rules of the Parliament were attached canons several local Parliament. Thus amended nomokanon will be called by the name of the then patriarch Photius, Photius nomokanon to 920 [3]. Parliament decision of Constantinople to become an official legal document for all Christian churches. With the outbreak iconclasts movement gripped by a crisis that has for over a hundred years ago the Byzantine Empire turned into battlefield fierce infighting. Iconoclasm is spreading from the east as a result of the convergence of Christian principles with pure spiritual faith Christological heresy and sect contrary to the external religious rite, and the diffusion of religious beliefs of non-Christian religions of Judaism, especially islam. Impact an icon, a symbol of Orthodoxy, was primarily a deep struggle for cultural identity of the Roman Empire and Orthodoxy. So Byzantine both political and experienced a turning point in the cultural sense. Final break with the Roman tradition, the Byzantine, or Orthodox Church, broke acculturation influence of Islam and the 43 Journal of Law and Administrative Sciences No. 4/2015 eastern sects, and thus be permanently identified as a conservative Christian church. This will have a big impact on all the Autocephalous Orthodox Church and the spirit of conservatism and isolation, influenced greatly on the containment of external influences, both Serbs and other Orthodox church people. Beside identification, while Leo III Byzantium starts with independent development legislation, and the final separation from the Roman legal tradition, acquires its own legal qualifications. Caused by general insecurity and the crisis has created a need for a body of law, which is called Ekloga. Ekloga is relatively short legal text of Chapter 18, which provides the most important judges of all the material from the civil law, criminal law and judicial procedure. It is, in fact, the adjustment of Justinian's legal traditions that is for all times remain the legal basis of the Byzantine life. Justinian law has become incomprehensible because it gave broad framework misuse and therefore the religious stained introduction states adopting "dear to god and useful for the community," [4] legal code. Starting of Justinian Roman law, Eclogue trying to modify it in the direction of "greater philanthropy", primarily under the influence Canon and eastern customary law. The agricultural law was passed in order to implement social reform and the protection of free peasants. It contains provisions on the protection of private ownership of movable and immovable property peasants. Maritime law is known as Naval or Rodos law. It contains provisions on naval and maritime trade, on the responsibility of the ship owner, the maintenance of order on board, on payment of the crew and the like. Military law regulates the issue of military discipline and responsibility that derives from it. It originated from the need to regulate the obligations which the soldiers take over the state, a large number of those to which the law applied and implemented, it belonged to the Slovenian nations. In the ninth and tenth century formed Prohiron, Epinagoga, Vasiliki, collection of short stories Emperor Leo VI, Romanos I Lekapenos, Constantine VII, as well as famous Fotijev nomokanon. Prohiron (manual) is the first major legislative work of the founder of the Macedonian dynasty Basil I (867-886.), Was passed between 878 and 879.. Dedicated primarily to civil law, and only towards the end of the criminal law. The whole matter is 44 Journal of Law and Administrative Sciences No. 4/2015 systematized in 40 head, and because of its simplicity and accessibility, for convenience in the judiciary and state administration.
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